A lawyer can help ensure that you are being fully compensated. I would be happy to recommend someone in your area. Generally, workers' comp is the only remedy you have, and you cannot sue your employer. There are some exceptions, so check with an attorney. If you've been dealing with the insurance company on your own, it's likely that you aren't aware of all the benefits that may be available to you. An initial consultation with an experienced workers' compensation attorney should be your next step, especially if your injury is permanent. It shouldn't cost you anything to look into this. If you would like a referral, feel free to give me a call. 1-800-807-9530.
Do you work on site for your employer or does someone else own the property? If your fall occurred on employer owned property, workers' compensation is your exclusive remedy and you can't sue the employer for anything else. If there is another entity who owned and or maintained the property, you might have a claim against them. There would be a three year statute of limitations that would apply. If you have any additional questions, email me @ email@example.com.
I recommended that you consult with a Workers Compensation attorney in your area as soon as possible. He or she can advise you as to the statute of limitations and any potential additional compensation to which you may be entitled.
You cannot sue your employer for your pain and suffering, however, there may be a third party (like a cleaning service) which may have been responsible for causing the slippery surface upon which you fell. In that case, while you do not have a claim against your employer, you may have a claim against a third party. Your workers compensation attorney should be able to advise you about this.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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